Laserfiche WebLink
irrigation of 40 acres in NE1 /4 of the SW1 /4 of Section 6, T46N, R1 5W, N.M.P.M., which would <br />be located on Mr. Guire's property. However, the only vested water rights decreed by the <br />water court relative to the Meander Ditch are those rights originally decreed in C.A. 4641 and <br />subsequently changed or corrected in W-747. Based on our records, the water court has not <br />confirmed the existence of any other vested water rights relative to the Meander Ditch. Again, <br />while we do not track ownership of decreed water rights, no decreed vested water right <br />relative to the Meander Ditch exists for use on the Guire property. <br />I suppose the question of whether Mr. Guire is the "owner of a vested water right" relative to <br />the Meander Ditch may be secondary to the more relevant issue and that is whether the mining <br />activities have impacted the use of the Meander Ditch priorities on Mr. Guire's property. My <br />assessment, based on the application, testimony, findings of fact, and decree entered in water <br />court case W-747 is that since 1937 all vested water rights decreed to the Meander Ditch have <br />been diverted at the pump site shown on the enclosed map and could not have been lawfully <br />used to irrigate land owned by Mr. Guire at the time mining operations began. Therefore, <br />based on our records, Mr. Guire is not entitled to restoration of the original points of diversion <br />for the vested water rights decreed to the Meander Ditch in C.A. 4641 because they were <br />permanently changed to a single point of diversion in 1972 in W-747 and the associated <br />irrigated lands as described in the application in that case are not located on his parcel. To <br />the extent some other ditch diverting water off of Calamity Draw may have once irrigated a <br />portion of Mr. Guire's property, we have no record of the water court confirming an existing <br />vested water right for such a ditch or such use. <br />Please contact me if you have any further questions or need more clarification. <br />Sincerely, <br />Bob W. Hurford, P.E. <br />Division Engineer <br />CC: Paul L. Benington, First Assistant Attorney General <br />Water Resources Unit <br />Natural Resources and Environment Section <br />Colorado Department of Law <br />Ralph L. Carr Colorado Judicial Center <br />1300 Broadway Avenue, 7th Floor <br />Denver, CO 80203 <br />Enclosure: Reference Map <br />Water Division 4 1 Main Office <br />P.O. Box 456 (2730 Commercial Way) Montrose • CO 81402 • P 970.249.6622 • F 970.249.8728 <br />www. water. state. co. us <br />